The legislature voted 104 to 94 against the amendment. A two-thirds vote was needed put the Lees-Travaglini amendment to the constitution on the floor. In the House, the vote was 97 against the amendment and 62 in favor. In the Senate, the vote was 32 in favor and seven against.

The constitutional convention has been recessed until Thursday at noon.

State representative George Peterson from Grafton, a cosponsor of Rep. Travis's bill to amend the state constitution, spoke out against the Lees-Travaglini amendment to amend the constitution (this bill would ban gays from marrying, but provide for civil unions). It's important to protect the traditional definition of marriage, he said, in order to "protect the species."

A woman watching Peterson speak from the Great Hall, where four big-screen televisions are broacasting the debate, sarcastically asked, "What, are we going to die now?" She wore a white sticker from MassEquality.org and sat next to a poker-faced man wearing a yellow sticker that identified him as in favor of banning gay men and lesbians from marrying.

Peterson continued in the chamber: "I truly believe gays and lesbians in long-term relationships care deeply about their children."

"Damn straight!" the woman shouted out to the screen.

Peterson: in looking at the Lees-Travaglini amendment, he couldn't see how codifying a "civil marriage provision is a proper thing to do" and that he saw "great problems with this amendment going forward."

Woman: "How about no amendment at all, did you ever think of that?"

Peterson: in supporting Travis's bill, he said, he did so because he feels strongly that marriage is a religious institution.

State representative Marie St. Fleur of Boston, who hasn't previously stated how she would vote on the proposal to amend the state constitution but who many believed would support such a move given her Catholic background, forcefully stated why she opposed any move to ban same-sex couples from marrying.

"You cannot compromise on discrimination," she said. "Discrimination is. And there's no way around it." Her decision was one of the most difficult she's ever come to, she said, because of her Catholic background. "My mother is dying about this decision I've made. It's been quite painful for both of us," she added. But her role as a legislator, she said, "is a separate and distinct role. I may have personal views on marriage but the bottom line is we're talking about state action and if the state is involved in marriage we ought to do it equally.

St. Fleur also talked about how the US Constitution has been amended to extend rights based on "race, sex, and immigrant status," and that she fit all three categories. "Putting aside the voice and power of the majority in order to protect the rights of minorities," St. Fleur said. "That is what is so special about this country. This isn't just about gay rights it's about the state of American democracy."

Senator Marc Pacheco, who voted in favor of Finneran's amendment stood to speak in favor of the Lees-Travaglini amendment. "My friends, there are citizens today even before the court ruled who have benefits granted to them by their employers. If we as a body don't address the language in the Travis proposal we'll be taking existing rights away that have nothing to do with marriage." He then offered three reasons to support the measure: a) it preserves the traditional definition of marriage, which Pacheco believes is a good idea "being a Roman Catholic; b) it takes care of the interests of same-sex couples; and c) it allows the public to take a vote and have a say in the issue.

Pacheco, who didn't offer an explanation as to why he supported Finneran's amendment if he believed rights already granted to lesbian and gay couples should be preserved, noted that much of the feedback from his constituents was against gay marriage rights. At the same time, however, few people he heard from want to strip same-sex couples of all rights. "If one applies common sense to what the mainstream average citizen is saying to us then this is the only amendment to embrace."

Senate Minority Leader Brian Lees introduced his and Senate President Robert Travaglini's amendment to Travis's bill. The Lees-Travaglini amendment would keep the essence of Travis's bill, which is to ban same-sex couples from marrying. But it would also write civil unions into the state constitution. The amendment needs a two-thirds majority to pass.

George Marshall, 34, kissed his partner Danny Fournier, 46, when the vote tally was announced. Marshall, of Boston, said he'd recently been diagnosed with AIDS but that the prospect of marrying makes him feel as though he has "all I have ever wanted." Fournier said he wouldn't have to worry about gaining access to Marshall during hospitalizations.

A legislator asked for a voice vote on Finneran's amendment. Travaglini called the vote and legislators were clearly against it. During the roll call, only nine senators out of 39 voted in favor of it. Eighty-nine representatives voted in favor of the amendment; 70 voted against it. One legislator abstained from voting so the amendment, needing a two-thirds majority to pass, was handily defeated 100 to 98.

In her remarks to the convention, State Senator Dianne Wilkerson talked about growing up in Arkansas. She said that what a lot of her colleagues may not know is that the reason a lot of African-Americans' names end in "son" is because slaves would add the suffix to their master's name -- hence "Jefferson, Johnson," and -- at this point Wilkerson became too choked up to continue. She composed herself and said "Wilkerson."

Civil rights issues should never be decided by popular vote, Wilkerson said. "I know the pain of being less than equal and I cannot and will not impose that status on anyone else." She choked up again and couldn't continue. One of the viewers watching Wilkerson by closed circuit television in the Great Hall shouted out, "Love you Dianne" and then there was huge applause for the senator with about half of the viewers getting to their feet.

Senate President Rober Travaglini, in a quiet but stern voice, spoke about Finneran's amendment and said he was in "strong opposition" to it and urged his colleagues to vote against it. "You'll be leaving people by the wayside so many thought to include . . . so many that want the respect they never get."

After Travaglini sat down, state representative Cory Atkins of Concord was recognized. She thanked Travaglini for "modeling the kind of leadership that we in the House have yearned for for years" -- remarks that brought boos from about half the chamber and applause from the other half.

An unidentified state rep then got up and said that before reps and senators entered the chambers, both parties stressed the need for "decorum" because this convention is "taking place under the glare of the national spotlight." He then asked that Aktins be ruled out of order.

Travaglini warned everyone to be careful of their "diction." Atkins then apologized for her "moment of pent up passion."

State representative Phil Travis, author of the bill seeking to amend the constitution to define marriage as a union between one man and one woman, just told the convention: "I come to this podium .... knowing that if the original house bill comes to a vote it would have over 100 votes to pass."

Amid deafening shouts of "defend don't amend" and countervailing shouts of, "Equality now!" outside the chambers where the legislature is debating the marriage issue, a man knelt down and started praying as a woman blessed the crowd by making the sign of the cross with her hand. Immediately, about half the crowd knelt down and recited the Lord's Prayer.

There's a definite sense that inside the State House, at least, the antigay forces dramatically outnumber the progay forces. When asked about the discrepancy, Arline Isaacson, cochair of the Massachusetts Lesbian and Gay Political Caucus, noted that the antigay forces had bused people in to the State House today not only from around the state but from out of state as well. She also explained, "Our people are working," and said she expected more people to arrive as the day went on.

Shortly after Senate President Robert Travaglini brought the convention to order, he went to recognize State Minority Leader Brian Lees, who was going to introduce an amendment to state representative Phil Travis's bill seeking to amend the state constitution so that same-sex couples are banned from marrying in Massachusetts. Before Travaglini could do so, House Speaker Tom Finneran asked to speak with him. They had a quick conversation away from the microphone. Travaglini agreed to let him do so gave Finneran the floor.

Finneran made some brief opening remarks and then introduced an amendment to Travis's bill that would define marriage as a heterosexual union and that would also say that the legislature would create a civil union law as soon as it could. Travaglini tried to get a quick voice vote on the measure to get rid of it, but Finneran's allies kept asking to be recognized to speak on the amendment.

State senator Stanley Rosenberg of Northampton angrily demanded to know what was going on and Travaglini said that he had allowed Finneran to make opening remarks as a courtesy and that the House Speaker had taken the opportunity to introduce an amendment that now had to be debated.

Despite the madness inside the State House, some conversations are taking place. As legislators filed inside the gallery for the start of the constitutional convention a crowd of mostly pro-amendment supporters wearing ONE MAN ONE WOMAN buttons shouted "Let the people vote!"

Erika Barber, a college student from Stoughton, broke in and shouted repeatedly, "Hate starts at home, tolerance does, too!" A man with the antigay forces, Matt Kinnaman from Lee, who had brought his 10-year-old daughter to the State House, approached her and told her that he didn't think her shouts were effective. They broke off to one side and in the midst of the chaos had a calm conversation about the marriage issue.

Matt's concern was that in "redefining marriage, we'll lose the definition altogether." Erika said his position was that gay people's rights weren't equal to his own. It was one of the few respectful exchanges between the two sides to be observed throughout the day. They ended their conversation by agreeing that it was good to listen to the other side's point of view.

The freak show of protesters and media expected outside the State House today hasn't materialized. All of the action is taking place inside, where the hallways of the State House are crawling with activists on both sides of the marriage debate.

Supporters of the constitutional amendment are easy to spot: they're wearing bright yellow, circular stickers with a graphic of presumably heterosexual stick figures. The slogan above the stick figures is SUPPORT MA AND PA, below them are the words, ONE MAN, ONE WOMAN. Supporters of civil marriage rights for same-sex couples have white rectangular stickers that read NO DISCRIMINATION IN THE CONSTITUTION, MASSEQUALITY.ORG.

The intense emotion of the debate was on display at an 11 a.m. press conference outside Senate President Robert Travaglini's office organized by the Coalition for Marriage and the Massachusetts Catholic Conference. Ron Crews, of the Massachusetts Family Institute, spoke to a scrum of tv cameras and reporters urging the legislature to pass state representative Phil Travis's amendment to the state constitution without any changes that would allow for civil unions to take place. He was followed by Genevieve Wood, a spokeswoman for the Family Research Council, a right-wing group that opposes rights of any kind for gay and lesbian people. Wood was warning about the national implications of the Massachusetts Supreme Judicial Court ruling when a Lexington mother of two got behind her and shouted: "This is a question of my civil rights!"

Bonnie Broder, who later told reporters that she is raising two children, ages four and eight, with her same-sex partner of 14 years, continued to yell as Wood gamely ignored her. Broder yelled directly to reporters, "I hope you get a different view!" as Wood said, "Gay people have no rights to redefine what the rest of society considers marriage to be."

Wood then went on to warn about the impact of same-sex relationships on children, which further enraged Broder, who was still on camera, visibly angry and upset. As Wood talked about her concerns for children, another woman walked by and told reporters to check out the studies on same-sex parenting and "inform" themselves. "This is pure religion," she said.

Ray McNulty, a spokesman for the Coalition to Marriage finally approached Broder and said, "I think you're in the wrong press conference" and coaxed her away from the cameras.